IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.M. No. 7275-C of 2008 and
Regular Second Appeal No. 2486 of 2008
Date of decision: December 01, 2008
Jaswant Singh and others
..Appellants
v.
Ram Singh and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Ashok Aneja, Advocate for the appellants.
..
Rajesh Bindal J.
This is an application for condonation of delay of two years and 134
days in filing the present appeal, which arises out of the concurrent finding of fact
by both the courts below, whereby the suit filed by the applicants-appellants was
dismissed.
The only reason given in the application is that the counsel engaged
by the applicants-appellants did not inform them about the decision of their case
and it was only on 12.3.2008 when the applicants-appellants contacted the counsel,
they came to know about the dismissal of the appeal. No details are forth coming
in the application as to why the applicants-appellants were sleeping over the
matter. In the appeal, which was filed by them before the learned court below on
5.11.2003 and was finally decided on 23.8.2005, no efforts were made to enquire
about the status thereof for a period of two years and 134 days when the appeal
itself was decided finally within a period of about one year and nine months. I do
not find the cause shown for condonation of delay to be sufficient.
Accordingly, the application for condonation of delay is dismissed.
Consequently, the appeal is also dismissed.
(Rajesh Bindal)
Judge
1.12.2008
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